Diary news plus insights, commentary and appointments from the legal world

5 June 2026

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: ON THE HISTORY OF A LAW FIRM

Big, brash and brutish – that’s the way that the newly merged trans-pond firm of Winston Taylor presents itself in its high-powered promotional campaign.

It proclaims that it has “a rich history spanning both sides of the Atlantic” but exactly what that history might be cannot be discerned. This ‘Winston’ – is it anything to do with ‘Churchill’ one might naively wonder. And what about ‘Taylor’ – any relation  to ‘Elizabeth’? (she had some trans-Atlantic interest didn’t she?) or, for that matter, ‘Swift’.

Long-time observers of the UK legal scene will remember that Taylor Joynson Garrett was itself a ‘storied’ firm before it turned into Taylor Wessing via a continental link. Taylor Wessing metamorphosed into a civilised and keen supporter of the arts and was a refreshing office to visit by contrast with many more plodding firms.

But all of that now seems to be lost and forgotten in the laughably heavy-handed announcements in the American English of Winston Taylor.

No doubt there are plenty of good commercial reasons for the new entity. It may well thrive. But it will be diminished if it dumps its history – whether English or American.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

Not Tying the Knot – Just Tied Up in Legal Knots?

No Time To Waste for TOUR DE L AW 2026

Animal Magic in Oxford

What the Dickens!

Just for the Record – from Quinn Emanuel

+ CONTRIBUTED ARTICLES OF THE WEEK

ALL ABOUT OWNERSHIP: DEALING WITH ‘TOLATA’ CLAIMS by Anita Nixon

THE LEGAL IMPLICATIONS OF THE UK’s NEW CRYPTO REGIME
by Martin Finnegan

+ LEGAL COMMENT OF THE WEEK

on using technology to cheat in exams, proposed reforms to support co-habiting couples, impact of VAT on independent schools, the Moveable Transactions (Scotland) Act 2023, the EU’s bid for tech sovereignty, increase in Associates’ pay

+ APPOINTMENTS OF THE WEEK

at Morgan Lewis and Stevens and Bolton

LEGAL DIARY OF THE WEEK

Not Tying the Knot – Just Tied Up in Legal Knots?

With the opening of the consultation on major reforms to family law, today could go down as a major date in the evolution of the significance of marriage. As Jo Edwards, head of Family at Forsters comments, this is a “Once in a generation chance to reform family law – it is a pivotal moment.”

Since the 1960s the status and nature of marriage and what constitutes a family has been in a state of evolution. Nowadays only around one half of couples with kids have gone through a formal act of union in the eyes of the state. Why that has happened is a matter for debate but the practical consequences have been disruptive and, today, the Government’s much anticipated consultation on cohabitation reform has started.

If the recommendations are adopted then the unmarried couples in what are perceived to be ‘enduring family relationship’ will enjoy greater protection providing they have lived together for 3+ years or share children.

According to Ciara Pugh at Stowe Family Law, “This long-awaited consultation has not come a moment too soon. Unmarried couples have been at a significant disadvantage for too long when it comes to legal rights and protections. Whilst many couples actively choose not to marry, many have mistakenly believed they are protected by the concept of a ‘common law marriage’, which in reality has no legal status. Family lawyers regularly see the devastating consequences for financially vulnerable partners, often women who have made sacrifices to care for children or support a family, only to discover they have little or no recourse when a relationship ends, regardless of the contributions they have made over many years.”

Exactly what constitutes an ‘enduring family relationship’, however, might still constitute a minefield or, maybe, legal quicksand. If left fuzzy or open to a variety of meanings it might create a worse shambles than exists already.

“The challenge now will be ensuring the final reforms provide meaningful protection while delivering the certainty that families desperately need,” says Pugh. In the last resort, presumably, if ‘certainty’ is the goal then the troubled couples could do the unthinkable – get married.

No Time To Waste for TOUR DE L AW 2026

It may only be the first week of June but now is the time to get your kit on in order to prime yourself for this year’s Tour de Law, the annual, exciting fund-raiser for Breast Cancer Now.

Picture yourself in the peak of cycle fitness wheeling your way, mile after virtual mile, through an imaginary landscape of glorious Swiss Alpine scenery. Or more realsitically, maybe, from the Royal Courts of Justice in London towards finishing at the Court of Session in Edinburgh. Ok, so you might be on a static bike in your firm or chambers’ reception area but the romance and context remains the same – you are raising money for a very good cause.

The figures speak for themselves. Since the turning of the first wheel in 2012, Tour de Law has raised over £1.4 million for vital breast cancer research and support. And, staggeringly, last year’s collective Tour extended to 11,911.53 kilometres and raised over £122K.

So that is the target to be set and surpassed this year.

The event will take place from 8am on Wednesday 14 October to 4pm on Thursday 15 October, with Breast Cancer Now providing each office with two static bikes and everything needed for fundraising.

Being for lawyers there is, of course, a competitive element based on the distance clocked up – Last year’s winning team cycled an incredible 901.44 kilometres! As the organisers say, ‘Cycle the furthest. Raise the most. Be champions for Breast Cancer Now.’

So put your foot on the pedal on it and go to https://tourdelaw.breastcancernow.org/ to sign up.

Animal Magic in Oxford

Amidst all the other demands of exclusivity animal welfare has been somewhat overlooked recently. But not in the legal world.

The Oxford Centre for Animal Ethics has just announced that the theme for this year’s Summer School (based in Merton College, Oxford on 3rd to 6th August) will be ‘Ethical Strategies for Animal Protection’.

Now in its 11^th year the Summer School will examine first and foremost the legalfactors that prevent the full realisation of the moral status of animals. Philosophical, political, historical, religious, cultural, sociological, educational and media issues will also be addressed.

Notwithstanding the occasional current misalignment between Governments in London and Washington there is a fruitful trans-Atlantic partnership right now between the Oxford Centre for Animal Ethics and The George Washington Law School’s Animal Law programme. So the the Merton programme will include four presentations from the American institution’s faculty and students including Professor Kathy Hessler, Assistant Dean of the Animal Law Program, talking on “Developing focused strategic approaches: Starting with Octopus Farming.”

Dr Clair Linzey, Director of the Oxford Annual Animal Ethics Summer School, commented, observed, “The cause of animals has become increasingly urgent. We are excited to welcome thinkers to discuss practical strategies for improving the lives of animals. Helping people to think differently about animals is key to making positive change.”

Other topics will include  ‘Animal testing without the animals? The role of animal-derived MPS in regulatory science’ and ‘Putting animals back Into The Animal Welfare Act’. The full programme ends on the subjects of ‘Toward a theological ethic of creaturely listening: Animal theology in an age of AI’ and ‘Animal law education as a Strategy for increased ethical sensitivity to animals’.

For more go to: https://www.oxfordanimalethics.com/summer-school/registration/

What the Dickens!

Unforgettably the opening chapter of Bleak House is located ‘In Chancery’.

“London. Michaelmas term lately over, and the Lord Chancellor sitting in Lincoln’s Inn Hall. Implacable November weather,” writes Dickens.

It was abominably bleak to the writer and maybe to many others as well. But that is now history. This week a new division of the High Court was unveiled to improve access to justice. Announced by Baroness Carr there will now be the plainly named ‘Business and Property Division’ of the High Court to deal with commercial disputes including those relating to business, trademarks, patents, insolvency and bankruptcy. In short its role is to replace the Chancery Division.

“The proposed change to the court structure to create one place for commercial disputes will help to simplify the process for filing claims,” said Faye Moore, Senior Consultant in the Commercial Disputes team at Bellevue Law. She went on to comment that the current system, based on a historic structure linked to the separation of legal and equitable claims, will benefit from modernisation and simplification. In terms of access to justice it should become an excellent dispute resolution centre.

“Many parties are increasingly turning to arbitration to resolve disputes, with a view to reducing costs and complexity, but this does mean that fewer binding legal precedents are being created,” says Moore. “This simplification of the court structure for commercial disputes might encourage more parties to return to court, reversing that phenomenon.”

Just for the Record – from Quinn Emanuel

You have probably seen it already – you may be earning it – but in case it has bypassed you here is the latest pay scale for junior lawyers at Quinn Emanuel in London.

CURRENT FROM 1 JULY

CONTRIBUTED ARTICLES OF THE WEEK

ALL ABOUT OWNERSHIP: DEALING WITH ‘TOLATA’ CLAIMS

by Anita Nixon

The High Court will soon decide a feud between mother, Moya Montgomerie and son, Jason Minns over a property claimed to be owned by Ms Montgomerie but legal title to which is held by Mr Minns and his wife.

 Being the legal owner of a property does not automatically mean that that person also owns the beneficial interest in it (i.e. the equity in a property), and where the beneficial ownership is unclear, it can lead to a dispute invoking the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). So, how then, does one determine the beneficial ownership of a property?

Well, it all depends upon the available evidence.

 Typically, the beneficial ownership in a property is recorded in the transfer deed when a property is acquired. Alternatively, it is dealt with by way of a deed of trust which identifies the legal and beneficial owners and expressly sets out the division of the equitable ownership. However, beneficial interests can arise in other ways, including where a legal owner promises an interest in the property and goes back on their word to the other party’s detriment (proprietary estoppel), or whereby parties have a shared agreement about how a property will be divided, either through discussions or inferred by actions such as equitable contributions to that property (common intention constructive trust), which have not been properly documented. These disputes most commonly arise between cohabitees or family members, which all too often results in acrimonious and costly litigation.

 Without a documented agreement, the parties must rely on other forms of evidence, such as schedules of payments made, correspondence confirming arrangements, or witness statements addressing the claims being made.

The overarching goal in TOLATA disputes is to determine and protect the claimant’s equitable interest, which in some cases leads to seeking a freezing order preventing the opponent from selling the property until the claim is over. However, these orders are notoriously difficult to obtain, as judges are reluctant to impose such heavy restrictions on a defendant landowner. A prospective claimant will need to have a strong evidential basis illustrating the risk of asset disposal. On top of this, such injunctions are very expensive and also expose the applicant to a compensation claim if the court later decided the order was not necessary.

 Such disputes can potentially be avoided in the first place through proper documentation (in writing) of any agreement affecting the property, ideally prepared by a legal professional.  Where disputes are unavoidable, parties should be encouraged to settle, whether through informal means or by mediation. 

Anita Nixon is a Solicitor at Wilsons Solicitors 

THE LEGAL IMPLICATIONS OF THE UK’s NEW CRYPTO REGIME
by Martin Finnegan

Crypto markets in the UK have operated in a largely unregulated legal environment, but that is about to change. The UK government and the Financial Conduct Authority (FCA) announced a new regulatory regime to bring cryptoassets closer to traditional financial regulation.

Cryptoassets such as Bitcoin and Ethereum have grown in popularity over the past decade, while regulation has struggled to keep pace. The FCA has acknowledged that, under the current regime, crypto has been, “Largely unregulated except for financial promotions and financial crime purposes.”

Most crypto trading activity has therefore sat outside the ‘regulatory perimeter’, leaving limited consumer protections, no clear authorisation regime for crypto firms, and uncertainty about which activities are legally regulated.

This gap has become increasingly concerning as the market expands, with high-profile cases highlighting the risks of crypto trading, such as the bankruptcy of cryptocurrency exchange FTX in 2022  and the subsequent imprisonment of its CEO Sam Bankman-Fried, and the Cryptoqueen’s OneCoin Ponzi scheme, which defrauded investors worldwide of more than $4bn.

The government has introduced a new framework under the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026, expected to be fully implemented in 2027. The regime will bring crypto activities within the regulated financial services perimeter, requiring firms to obtain FCA authorisation and comply with rules covering trading platforms, custody, stablecoin issuance, staking and related services.

A key area of reform is stablecoins, cryptocurrencies designed to maintain a stable value by linking to fiat currencies such as sterling or the US dollar. Under the proposed framework, stablecoins will One of the biggest challenges has been defining what counts as a regulated crypto activity. The FCA is now consulting on detailed “perimeter guidance” to clarify:

• When crypto trading becomes a regulated activity;
• Which firms need authorisation;
• How existing financial rules apply to crypto.

This is important because many firms, and individuals, previously operated in a grey area. The new guidance aims to remove that ambiguity and provide legal certainty about who and what is covered.

For many firms and investors, this guidance should remove uncertainty that has characterised the sector. Although the regime is unlikely to provide automatic compensation for historic losses, it marks a major shift towards greater accountability and consumer protection. The challenge for regulators will be ensuring innovation can continue while establishing a clearer and more credible legal framework for crypto in the UK.

Martin Finnegan is CCO at Punter Southall Law

LEGAL COMMENT OF THE WEEK

TOPIC: This week’s statement by Ofqual Chief Regulator Sir Ian Bauckham CBE that cheating in exams with high-tech smart devices poses a growing threat

COMMENT BY: Amelia Clegg, Data, privacy and cyber security lawyer BCL Solicitors

“Educational institutions are under growing pressure to protect academic integrity as affordable smart glasses and other AI-enabled wearable software make real-time cheating harder to detect. But the response is not just a technological challenge, it is a legal one.

“Some institutions are investing in systems designed to combat cheating, such as Bluetooth signal jammers, devices that can scan for active radio frequencies emitted by smart glasses, and advanced proctoring software for online exams that uses AI to flag suspicious eye movements.

“But, while these measures may help deter misconduct, they also raise questions around privacy, data protection and procedural fairness. The real issue is whether schools and universities can address this threat in a way that is lawful, necessary and proportionate.“

COMMENT BY: Ane Vernon, Disputes Resolution and Education Sector Partner, Payne Hicks Beach

‘Cheating is never a good idea. The risk of disqualification should not be underestimated by pupils when it comes to their education, including university places and, ultimately, their future careers.  The consequences of cheating far outweigh any perceived short-term gain from trying to outsmart exam boards. As technology and AI evolve faster than regulation, regulators and education providers across all sectors need policies that capture misconduct across an ever-growing range of smart devices.’

TOPIC: Impact of VAT on independent school fees and consequent reductions in pupil numbers

COMMENT BY: Sonya O’Reilly, Head of Independent Schools and Partner, Birketts LLP

“The latest ISC figures underline the extent to which significant cost pressures, including VAT on fees, are influencing parental choice, particularly at entry points such as Year 1 and sixth form. 

For many schools, these pressures present a real commercial and operational challenge at a time when demographic trends are already tightening the market. However, throughout challenging times, the independent schools’ sector has long demonstrated an ability to adapt, whether through refining fee models, maximising the commercial use of their estates, innovating in curriculum or forging new partnerships.  

There remains significant resilience across the market, driven by strong leadership and a clear commitment to educational excellence. With that combination of talent and entrepreneurial spirit, the sector is positioning itself to navigate the current headwinds and continue to offer a distinctive and valuable choice for families.”

TOPIC: Proposed Government reforms to support co-habiting couples

COMMENT BY: Sital Fontenelle, Head of Family Team, Kingsley Napley

“Increasing protection for cohabitating couples is long overdue. It is no longer tenable to say parties wanting protection should simply get married because with declining rates of marriage, especially amongst younger couples, many are losing out. Also, more than half of children today are born out of wedlock and it is partly they who need protecting. We urgently need the law to be updated to reflect societal norms and so this consultation is very welcome. 

Making pre- and post-nuptial agreements legally binding would also be a positive step. A survey undertaken in conjunction with YouGov last year found that 60% of the UK population supported the idea of law reform so that these agreements are automatically upheld on divorce. Modernising the law on this will bring more certainty and less stress to the process of splitting finances on separation. In our experience whether couples are getting married for the first, second or even third time, nuptial agreements are now a standard part of the conversation and wedding related admin. Making them legally binding will benefit those entering into them and will also help to reduce the burden on the Family courts which can only be a huge plus.”  

TOPIC: The impact of the Moveable Transactions (Scotland) Act 2023, which modernizes Scottish law to allow IP and other moveable assets to be used as collateral

COMMENT BY: Andrew Docherty, Partner & Head of Energy & Environment, Marks & Clerk

“The businesses that will benefit most from this aren’t the ones who rush to their bank today. They’re the ones who’ve already done the work and can clearly demonstrate clear ownership, coherent protection strategy and IP that maps to revenue. There’s an important caveat in this latest news from RBS however as this still relates to secured lending. If you default, you lose the IP and for an innovation-led business, that could mean losing the thing the entire company is built around. Strategic IP thinking has to come before the borrowing conversation.”

TOPIC: Realising the EU’s ambition for ‘tech sovereignty’ (so as to cut reliance on the USA) via a new and extensive sweeping legislative package 

 COMMENT BY:  Jaap Templeman, Head of digital business practice, Simmons & Simmons, Amsterdam

 “This package is a welcome and necessary boost to the EU’s competitive position in AI and will hopefully ward off a long-term technological dependence on Big Tech. Sadly, geopolitical developments show how vulnerable transatlantic dependence can be. The strict sustainability and security framework around the development of datacentre, AI and chips capabilities might appear counterproductive to improving the EU’s ability to compete but is of course necessary. Any company or country that disregards environmental and security concerns will and should not ultimately prevail in this space.”

TOPIC: Increases in Associates’ Pay

COMMENT BY: Ria Karnik, Managing Director, Associate Practice Group, Major Lindsey & Africa

“While the increase in Milbank’s UK associate pay isn’t set to significantly move the dial on associate compensation levels in London, it will certainly prompt market movement and will be a big topic of discussion among associates.

“Crucially, it will further highlight the widening gap between US and UK firm compensation, which is becoming increasingly hard to ignore for mid-level and senior associates in Magic and Silver Circle firms. There is a growing number of lawyers at these levels who have noticed that, despite carrying significant responsibility, they remain only marginally better compensated than the newly qualified associates they manage. The circulating Milbank pay scale will be a strong reminder of the more structured and consistently rising compensation on offer in US firms.

“Combined with an uptick in targeted recruitment from US firms at the mid-senior level in London, I wouldn’t be surprised if the most significant outcome of this announcement will be the continued attrition of mid-senior level Associates from UK firms into US firms.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

MORGAN LEWIS

Paul Feldberg (left) has joined the litigation practice in London of Morgan Lewis. Previously with Brown Rudnick, where he served as head of the UK white collar defense, investigations, and compliance practice, Feldberg’s arrival is part of the firm’s growing European investigations and enforcement capacity.

Previously, Feldberg was a prosecutor with His Majesty’s Revenue and Customs and the UK Serious Fraud Office. He has led and defended matters involving parallel investigations by agencies including the Serious Fraud Office and the Financial Conduct Authority and has significant trial experience representing both corporations and individuals. He will now advises companies and individuals on a broad spectrum of regulatory and enforcement matters, as well as related investigations and judicial review proceedings.

“London is a nexus for cross-border investigations and sanctions-related work,” said Nick Bolter, managing partner of Morgan Lewis’s London office. “Paul’s ability to identify and develop cross-border opportunities, combined with his extensive investigations and sanctions experience, will further strengthen our London offering and enhance how we support clients managing complex, multijurisdictional risk.”

STEVENS & BOLTON

Alexa Payet (left) is joining Stevens & Bolton as a Partner in its private wealth disputes practice. Previously she was with Michelmores, where she built her practice and strong reputation in trusts and estates litigation specifically in the field of contentious probate. She has also undertaken extensive work in the UK Court of Protection, advising on complex financial and property matters, including the appointment and removal of deputies and attorneys, statutory will applications, lifetime gifting and property and affairs disputes.

Payet also has a nationally recognised expertise in cases involving assisted dying and relief from forfeiture applications, having acted in all of the key decisions and helped shape this area of law in recent years.

“It is a pleasure to be welcoming someone of Alexa’s calibre,” James Lister, Head of Private Wealth Disputes at Stevens & Bolton. “ She brings not only outstanding skill but a reputation for handling sensitive matters with care and authority. Assisted dying /forfeiture is a sensitive and complex area of the law, and Alexa’s arrival will play an important role in further growing our capability for handling such cases.”

We hope that you’ve been interested or amused by something in this week’s LEGAL DIARY. If so do send on to colleagues.

And please continue sending your ‘Diary-type’ stories, insights legal comment and appointments to

fennell.edward@yahoo.com